Criminal Law in

Australia
Criminal Law
Crimes are categorised according to the nature of the damage or
harm they cause
Crimes against Person, Property, Public Order
Offences against Person

Infringe a persons most basic rights
Basic rights = Life, Safety & Privacy
Major crimes like murder or rape as treated as serious crimes so they attract the
harshest of penalties
The principal crimes are prescribed in the Criminal Law Consolidation Act 1935
(SA)


Offences against Property
Deny people the right to own and use their personal property
without theft and damage
Serious crimes against Property are prescribed in the Criminal Law
Consolidation Act 1935 (SA)
Larceny, Arson, Fraud and Criminal Trespass are examples


Offences against Public Order
Unlike offences against Person/Property, offences against Public
Order pose a threat to society as a whole
Traffic, street, morality and drug offences are examples
They also include offences committed in the course of court trials,
such as perjury or contempt of court


Classification of Offences
Statute law in SA divides offences into THREE areas:

Summary
Offences
Minor
Indictable
Offences
Indictable
Offences
Offences are classified in order of
severity.
Indictable offences are the most serious
crimes. The maximum penalty that can be
impose is life imprisonment.
Minor Indictable Offences are between
the severity of Summary and Indictable
Offences. The maximum penalty is 5 years
imprisonment.
Summary Offences are the least serious
form of crime and are heard before a
Magistrate, and no jury. The maximum
penalty is 2 years imprisonment.
Summary Offences
Heard in a Magistrates Court
Prescribed in the Summary Offences Act 1953, Road Traffic Act 1961, Motor
Vehicles Act 1959 & the Liquor Licensing Act 1985
Parliament has made reforms to the dealings of Summary offences to save
court time/costs. Many summary offences can be resolved through expiation
notices
Examples of Summary Offences include traffic offences, street offences and
minor larceny cases


Minor Indictable Offences
Can be heard summarily in a Magistrates Court
Give the accused the right to a trial by jury in a District Court
Examples include dishonesty offencesunder$25,000, malicious
wounding, stalking and assault causing actual bodily harm

Indictable Offences
Heard in a District or Supreme Court
Offenders are charged on Information
There is no time limit to bring the criminal action
Most crimes are prescribed in the Criminal Law Consolidation Act 1935 (SA)
Examples include Murder, Rape and Criminal Trespass


Criminal Liability
Before a person can be convicted of a crime, two elements must be proved during a trial:


The Guilty Act:
The prosecution owns the burden of
proof to prove that the accused
committed the crime
This process is referred to as Actus
Reus
Examples of the guilty act may be
when a person murders someone, or
steals someone elses personal
property
The Guilty Mind:
The prosecution must prove that the
accused had the mental intent to
commit the crime
This process is referred to as
Mens Rea
Examples of the mental intent may
include criminal negligence or
recklessness that harms another person

Strict Liability Offences
To uphold social progress, parliaments have created laws to allow some crimes
to be solved without the prosecution proving Mens Rea
In most Traffic offences, the prosecution must only prove that the guilty
act took place
Parliament was forced to create these laws, because in some cases it was
almost impossible for the prosecution to prove intent


Age of Criminal Responsibility
An individual cannot be prosecuted by law in Australia until he or she is 10
years of age
Individuals under the age of 14 will only be prosecuted if a court believes that
he/she has the mental ability to comprehend the consequences of
his/her actions
*
Burden of Proof
The person who lays the criminal charge must prove the truth of that allegation in a court
according to law
For summary offences heard in a Magistrates Court, Police prosecutors must accept the burden
to prove the guilt of the individual being charged
Minor Indictable and Indictable offences heard in a District or Supreme Court are prosecuted
by Lawyers from the office of the DPP
The burden is proved when witnesses of the prosecution give evidence to provide sufficient
information so that the truth can be revealed and a conviction can be successful


Standard of Proof
Beyond a reasonable doubt

This standard is intentionally difficult to achieve
A trial is acquitted if guilt cannot be proved beyond a reasonable doubt
The standard is strict in nature because of the consequences involved if
convicted
The accused will lose his/her liberties by a period of imprisonment if found
guilty, so there must be no doubt at all about his/her guilt

Sanction
Is a penalty given to a person found guilty of committing a crime
Are intentionally designed to interfere with the convicted persons rights and
freedoms
Those convicted of crime have infringed the rights of other people, so the law
believes that it is only fair that some of the rights of the convicted are taken
away as a consequence

Types of Sanctions
There are 2 types of sanctions in Australian Law:

Loss /Denial of Personal Freedoms:
Restricts an individuals liberties
and freedoms
Life imprisonment is the harshest form
of this type of sanction
Home detention, community service
orders or the disqualification of driving
license for example


Loss/Denial of Financial Freedoms:
Designed to financially penalise the offender by
acquiring their assets
A monetary fine is most common
The state also reserves the power to seize the
assets of the offender



Objectives of Sanctions
Punishment
(Retribution)
Deterrence
Protection Rehabilitation